GBS Ten Second Primer

21/01/10

An executive summary for people who aren’t executives…

[Offered by a non-lawyer as opinion. You want legal advice, ask a lawyer etc etc.]

Preliminary note: the fact that this is an internet technology is not really relevant. The whizziness makes people think there are technical issues here, but actually the serious stuff is not affected by the technology. On other words, even if someone printed this out for you because websites scare you and you think email is for lunatics, you can still have an opinion. Now read on.

Google Book Settlement:

Pro:

Access: vast library of rare and out-of-print books made available (initially only in US)

New Readers: books – and hence authors – get new readers.

Preservation: orphan works, which otherwise might actually be lost, are returned to circulation.

Revenue: authors and publishers make money on titles which otherwise might be essentially defunct.

(AG statement.)

Quibbles:

Access: only in US and only through Google. Other projects (1, 2) to achieve the same w/o copyright fight exist and have done for years.

Preservation: digital is not the best way to preserve books. Formats change, digital is vulnerable. Also, no guarantees about quality of archiving or scanning – some have been botched. Also, Google has a history of forgetting about projects which aren’t interesting any more.

Revenue: not much of it, and none from ‘non-display’ uses which may be more significant to Google.

Con:

Process: end run around legislative process; private court settlement goes way beyond original case to make new law not just for US but de facto around the world (French v cross).  Frankly less than ideal way to change a complex system.

Monopoly: Google and only Google get use of orphan works (new settlement attempt to deal with this still requires congressional intervention – if congressional approval for reworking copyright easy to get, why not do it in the first place?). Effective monopoly on written culture around world for last hundred years. Not a public service, not orphan works being moved to public domain: this is one company establishing probably uncatchable lead over any competition. Consider possible downside: new management decide to gouge consumer. Imagine biggest reference library in the world, w. unique titles, in hands of your least favourite corporate baron. See the problem?

Monopoly (2): Department of Justice not keen, already making anti-trust noises. Imagine settlement passes, and DoJ breaks up Google, splintering off newly-created library. What then? Public property administered by govt? Or snapped up by other large media entity and farmed for profit?

Precedent: copyright has always been opt-in. In other words, you want my stuff, you come to me and make a deal. Here copyright is set as opt-out. If I don’t register an objection, my work can be used. Precedent which favours large companies who can search over small companies and individuals who cannot be constantly vigilant and may not have legal resources to challenge those who appropriate material. Basic posture: you don’t like what we do? So sue us. Favours business over individual, possible rights-grab goldrush.

Privacy: Google refuses to guarantee privacy of readers. Other companies in similar position have fought court cases against disclosure of private reading habits.

Summary:

Massively powerful corporate entity seeks controlling interest in global library, using clever dodge to avoid legislation. Possible public benefits & disadvantages.

Recommendation:

Reject. Seek not-for-profit, governmentally protected global library project, with consent from authors and/or special legislation for orphan works as necessary. If copyright law reform necessary to achieve goal or more generally, then reform law, rather than finding ways to ignore it. (Alarmed by how long that will take? Google deal mired in legislation, been going on since ‘05, may well continue.) Global library amazing idea, worth doing, really, really only want to have to do it once & get it right. GBS not correct answer.

(Much) more here.

8 Comments to “GBS Ten Second Primer”

  • [...] This post was mentioned on Twitter by Nick Harkaway, Nick Harkaway. Nick Harkaway said: @JeffAbbott Maybe this will help – http://bit.ly/8ZJaUj [...]

  • uberVU - social comments said on January 21st, 2010:

    Social comments and analytics for this post…

    This post was mentioned on Twitter by Harkaway: #GBS Ten Second Primer: http://bit.ly/8ZJaUj (Biased, because I am. Feel free to comment and object and so on.)…

  • specialsymbol said on January 21st, 2010:

    Nick- I have to tell you something: I am actually one of those of your readers who actually BOUGHT your book AFTER they could read it in advance.

    Admittedly I didn’t download it- I went to a large bookstore (many times) and spent some good hours until I was more than 3/4 way through.

    Then I bought it.

    Why? I could have finished it in the bookstore- it would have been only maybe 3 or 4 hours more. And I would have had great hot chocolate supply (unlike at home, where I had to make it first).

    The other, maybe for you more important question is: would I have bought the book if I didn’t have had the opportunity to read it for free?
    I say no. Many reasons for that, too many for a commment.

    However, am I now one of the customers you don’t want to have- one that bought your book but read it in advance for free?

  • transnational said on January 22nd, 2010:

    Better: seek non-profit, NON-government organization. This is a world issue, and government is an agent of national interests (cf. Copenhagen). Maybe a new UN branch?

  • Nick Harkaway said on January 22nd, 2010:

    Special Symbol –

    I have no problem with that at all! I think you’re running with the fact that I’m talking about copyright and letting that take you into a dark place where I hate all forms of sharing and lending. In fact, I’m a very firm advocate of DRM-free books, of sharable ebooks, and of electronic libraries. I got into huge trouble last year because I suggested that European copyright law was badly in need of updating. (I also think we all need to be more alert to the opportunities of the Creative Commons licences; quite a lot of the reforms which are otherwise necessary could be stood down if we had a culture which used CC Sharealike and so on more, and hard copyright less.) I was also delighted with the B&N Nook (which ironically runs on Google’s Android OS) because it has a share feature. If I’ve said once that the route to selling ebooks is not more copy protection and fences but a cool buying experience and a decent product, I’ve said it a hundred times over the last year.

    The Google Book Settlement, though, is another thing all together. As far as I can see it undermines copyright at a basic level, and the bottom line is that even ideas like Freemium hinge on some form of protection of the right of creators to be paid for their ideas: there’s no free-to-consumer model if you can’t get advertisers, and if potential advertisers can simply duplicate your site there’s no particular reason why they’d use your space to advertise. Similarly, if you can’t protect your ad-free content, you can’t have premium users. If we get into a position where copyright is softened but not reformed – if we basically have a weak version of 19th Century copyright rather than a flexible, intelligent, 21st Century version – then the situation I see evolving is one where, far from getting a cloud of individual creators making money from their ideas and selling direct to consumers (which is the model people often cite as a kind of content heaven) we’ll end up with a content industry which is an extreme version of the US movie studios, turning out bowdlerised, sanitised, advertiser-friendly content and simply appropriating any more interesting work they find floating around.

    In a word: this isn’t a filesharing/booklending issue. This is more like one of those old westerns where some fat old guy in a white suit announces he owns all the water rights for the town. And I’m saying: “No, you don’t, that water belongs to the farmers and that’s how it should stay.” The problem is that the fat old guy is offering a new way of trading in grain and everyone’s focused on that instead of the water, but the key thing is that once he owns the water, he can do what the hell he wants and there’ll be nothing the town can do about it.

  • Nick Harkaway said on January 22nd, 2010:

    transnational –

    Yeah, note how I said “government protected” rather than “government run”. The point is that it should have special status, not that it needs to be a government body. Although the UN is hardly immune from bureaucracy either.

  • [...] Nick Harkaway has posted a Google Book 10-second Primer on his blog. It sums things up quite nicely. Here’re a few snippets: Pro: Access: vast [...]

  • [...] [ix] Harkaway, Nick. “GBS Ten Second Primer.” January 21, 2010. http://www.nickharkaway.com/2010/01/gbs-ten-second-primer/ [...]

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